General criminal law includes in particular the following crimes and categories of offences:
- Offences against life and limb such as homicide, abortion and assault
- Offences against property
- Domestic violence
- Bankruptcy and debt collection offences
- Offences against personal honour
- Offences against liberty
- Stalking
- Cyber crime
- Sexual offences
- Offences against official duty
- Forgery
- Drug offences
- Road traffic offences
White collar crime includes in particular the following crimes and categories of offences:
- All offences involving assets
- Corruption
- Money laundering
- Offences committed by corporations (corporate criminal law)
- Offences involving banks and capital markets (banking and capital market criminal law)
- Industrial espionage
- Insider trading and offences related to exchange trading
Baumgartner Mächler is the specialised contact partner with regard to all situations and matters involving criminal law. Our experts defend private and corporate clients in all areas of commercial criminal law and general criminal law. We represent and defend our clients before all Cantonal and Federal criminal authorities within the German speaking area of Switzerland.
As “lawyers from the very start”, we are devoted to support our clients efficiently as soon as criminal proceedings are opened. If a suspicion cannot be immediately cleared, we will provide support for accused persons throughout the entire investigation procedure and subsequently represent them in court.
Baumgartner Mächler has several experienced lawyers in the area of commercial criminal law. As a team we are in the position to analyse also complex criminal cases with very extensive file material quickly and efficiently.
Baumgartner Mächler drafts professional criminal charges for victims of criminal offences (private persons and corporations). As representatives of injured parties we purposefully support victims during the entire proceedings and offer assistance regarding the exercise of all procedural rights. We help injured parties to efficiently enforce their rights and claims also in complex criminal proceedings.
Baumgartner Mächler offers extensive professional experience and practical know-how in the area of international mutual legal assistance in criminal matters. Our lawyers are determined representatives of their clients' interests when it comes to issues relating to extradition, blocking of accounts, impending seizures of assets, information requests and requests for inspection or issuance of files.
We advise businesses on the development and implementation of compliance programmes. We develop concepts (analyses and strategies) concerning the avoidance and examination of criminal activities and incidents within corporations. In addition, we also provide legal opinions in both criminal matters and in the area of international mutual legal assistance in criminal matters (under consideration of international standards on fighting money laundering, financing of terrorism and corruption).
Open Source Intelligence is a valuable tool to quickly and efficently obtain background information on a target subject or company.
With our systematic approach (counter surveillance – identification of the stalker – confrontation of the stalker with us - court/authority) we offer qualitative help to victims of stalking.
Baumgartner Mächler conducts company-internal investigations on behalf of the management and supports clients in all related legal issues. We establish the facts and the circumstances of the matter by data analyses and surveys as well as our own researches. We thereby identify and assess misconduct (e.g. fraud, corruption, disloyal management, sexual harassment, mobbing as well as corporate responsibility and general liability) or non-compliance within the company.
Baumgartner Mächler also supports companies or their executive bodies in criminal or civil law proceedings that may follow an internal investigation and in the enforcement or defence of liability claims as well as in the establishment of an effective compliance management system.
Baumgartner Mächler is supported by a team of experts for fast background checks on individuals (OSINT).
Baumgartner Mächler advises domestic and foreign clients in the resolution of their business disputes and represents them in litigation and arbitration proceedings.
While we strive to deal with disputes out of court, we are also prepared to very effectively push through the interests of our clients in court if the situation requires this course of action. We investigate the facts, analyse the law, assess the risks, and develop and implement strategies to win our client's cases.
The focus of our activity is litigation in state courts within German speaking Switzerland, both on a cantonal and federal level, including in the Swiss Federal Supreme Court. In addition, we represent our clients in international and domestic arbitrations. We also act as arbitrators.
We have particular experience in the areas of trade law, air and transport law, insurance law, banking law, investment and financial market law, corporate law (including responsibility of corporate bodies), and employment law.
Baumgartner Mächler has extensive experience and practical knowledge in the area of corporate law. Our legal advice covers the entire life cycle of a company, from its foundation to capital increases and its restructuring; we support companies and their corporate bodies with regard to corporate housekeeping, the implementation of organisational structures (including organisational regulations), and corporate governance. On the shareholder level, further core competences include the drafting of shareholder agreements and the elaboration of partnership agreements.
With regard to commercial law, we advise our clients on the preparation, negotiation and implementation of most different transactions, as well as on the drafting of all corresponding legal documentation (in particular purchase/sale contracts, trade agreements, distribution contracts, agency agreements, factoring agreements and service contracts).
We furthermore guide our clients and investors in capital market transactions and measures such as reallocation of listed share blocks or in respect of a listing at BX Swiss.
Baumgartner Mächler offers extensive practical experience and knowledge in providing fast and efficient support with regard to various types of transactions. We advise and support buyers and sellers in share and asset deals, restructuring transactions, transactions pursuant to the Swiss Merger Act, and also with regard to cooperation and joint venture projects.
In an environment that is becoming increasingly more complex and regulated, we support our clients in the implementation of regulatory requirements, particularly in the area of the Swiss anti-money laundering legislation. Being SRO members, some attorneys at Baumgartner Mächler do also have personal practical experience as financial intermediaries which enhances their legal advice to financial services providers with regard to the handling of customers, self-regulating organizations and supervisory authorities. We also serve as independent notification office for whistle blowing programmes of larger companies.
We advise employers and employees in both, a national and international context, with regard to all aspects of labour law. Our core competences in labour law particularly include the drafting of standard and custom-made employment agreements, the elaboration of bonus, incentive, and employee participation programmes, whistleblowing programmes, the implementation of anti-discrimination measures, maternity/paternity issues, advice on terminations, issues with regard to personnel in restructuring scenarios, and in case of insolvencies.
We advise foreign nationals and companies with regard to taking up residence and domicile in Switzerland, including residence and work permits, naturalization and lump-sum taxation.
Our private client team advise clients on using and setting up legal structures, including trusts, foundations and or other structures in foreign jurisdictions, and we advise private clients and their families on all matters relating to matrimonial property and succession law, including domestic and international estate planning, estate administration and executorship.
In the context of the relocation of private individuals to Switzerland, Baumgartner Mächler advises also in respect of the structuring of the asset & wealth management under particular consideration of international fiscal laws and treaties. We support family offices in the assessment of complex asset structures and offer them an overriding, optimised solution in respect of the legal arrangement of a strategy suitable for all concerned family members. Furthermore, we represent clients in criminal tax procedures as well as in the preparation of voluntary self-disclosures. Our specific focus in tax law is on cross-border constellations with ties to other jurisdictions such as Germany and Liechtenstein.